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If my husband had his attorney dismiss his Original Petition, is my Counter Petition, etc still active?

Conroe, TX |
Filed under: Divorce

He was in Afghanistan and I was pregnant when he filed in Montgomery County, TX. My attorney kept pushing me to keep the case going, but that kept angering him more. He wouldn't provide for me and the baby we already had, so I told her to lay low until the new baby arrived. Eventually, she withdrew from the case just as the new baby was born, and he asked his attorney to withdraw his Original Petition. Now, he is back there overseas (he's a private contractor) and again not providing ANY monetary assistance. I am on SSDI and preparing for surgery next month, and can't do all this with two babies & no family in Texas. I want out of a marriage of indentured servitude, emotional abuse and financial deprivation. Do I have to start all over with the paperwork and filings?

Attorney Answers 3


  1. Your counter-petition is still active. I would check the file to make sure it was filed and the fee was paid. If your case is still active, you can request a temporary orders hearing and/or a final trial to resolve your case.


  2. Your counter petition should still be active. Contact your attorney for assistance or get an attorney.


  3. You should contact the court. I agree that the counter-petition is probably still active, but be careful because if the case is inactive for too long some courts look for ways to dismiss the cases or otherwise close them out. I agree that you should strongly consider hiring an attorney, given your circumstances.

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